Case Note & Summary
The petitioner, Sanjay Nathalal Gohil, was elected as President of the Municipal Council, Pachora. The District Collector passed an order dated 23rd January 2019 on Application No. 27/2019, declaring that the petitioner's election as President was deemed to have been terminated for failure to submit the caste validity certificate within the period stipulated under Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution of India. The court examined the provision and found that the requirement to submit the caste validity certificate within the stipulated period is mandatory. The petitioner had failed to comply, and therefore, the Collector's order was upheld. The court dismissed the petition, confirming the termination of the petitioner's election as President.
Headnote
A) Municipal Law - Election of President - Caste Validity Certificate - Section 51-1B of Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 - The petitioner's election as President was declared deemed terminated for failure to submit caste validity certificate within the stipulated period. The court held that the provision mandates strict compliance and no extension beyond the period is permissible. (Paras 2-3)
Issue of Consideration
Whether the order of the District Collector declaring the election of the petitioner as President of the Municipal Council to be deemed terminated for failure to submit the caste validity certificate within the period stipulated under Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 is legal and valid.
Final Decision
The petition is dismissed. The order of the District Collector dated 23rd January 2019 is upheld. Rule discharged.
Law Points
- Caste validity certificate
- deemed termination
- Section 51-1B
- Maharashtra Municipal Council Act 1965
- strict compliance
- failure to submit within time
- election of President
- no extension beyond period
- statutory mandate
Case Details
2021 LawText (BOM) (05) 5
WRIT PETITION NO. 1365 OF 2019
Mr. Subodh P. Shah for petitioner, Mr. Mahesh Deshmukh for respondent No. 1, Mr. R.D. Sanap A.G.P. for State
Ajay Bhaskar Ahire, The Collector Jalgaon, The Chief Officer Pachora Municipal Council
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the District Collector declaring the petitioner's election as President of the Municipal Council to be deemed terminated.
Remedy Sought
The petitioner sought quashing of the Collector's order dated 23rd January 2019 and restoration of his election as President.
Filing Reason
The petitioner's election as President was declared deemed terminated for failure to submit the caste validity certificate within the stipulated period under Section 51-1B of the Act.
Previous Decisions
The District Collector passed the order on Application No. 27/2019 dated 23rd January 2019.
Issues
Whether the order of the District Collector declaring the election of the petitioner as President to be deemed terminated for failure to submit the caste validity certificate within the period stipulated under Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 is legal and valid.
Submissions/Arguments
The petitioner argued that the order was illegal and that he had submitted the certificate later.
The respondents supported the Collector's order, stating that the provision mandates strict compliance.
Ratio Decidendi
Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 mandates that a person elected as President must submit the caste validity certificate within the stipulated period. Failure to do so results in the election being deemed terminated. No extension beyond the period is permissible.
Judgment Excerpts
This petition under Article 226 of the Constitution of India takes exception to an order passed by the District Collector, dated 23rd January 2019 on Application No. 27/2019, whereby the election of the petitioner as the President of the Municipal Council, Pachora was declared to be deemed to have been terminated for failure to submit the caste validity certificate within the period stipulated under Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965.
Procedural History
The petitioner was elected as President of the Municipal Council, Pachora. The District Collector passed an order on 23rd January 2019 declaring the election deemed terminated. The petitioner filed a writ petition under Article 226 before the Bombay High Court, Aurangabad Bench. The petition was heard and dismissed on 4th May 2021.
Acts & Sections
- Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965: Section 51-1B
